Gurdeep Singh Chawla vs State Of Rajasthan
2022 Latest Caselaw 13202 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 859/2022

Gurdeep Singh Chawla S/o Jangir Singh @ Billu Singh, Aged
About 44 Years, B/c Kumhar Sikh, R/o W.no. 3, Hanumangarh
Junction, Teh. And Dist. Hanumangarh.
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Kulwant Singh.
For Respondent(s)        :     Mr. M.S. Bhati, PP.



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

09/11/2022

     Heard learned counsel for the parties and perused the

material available on record.

     Learned counsel for the applicant-appellant submits that the

applicant-appellant's sentence was suspended vide order dated

05.12.2016 passed in S.B. Criminal Suspension of Sentence

Petition No.1345/2016 by a Coordinate Bench of this Hon'ble

Court; the sentence awarded by the learned trial court itself was

of two years.

     Learned counsel for the applicant-appellant submits that the

applicant-appellant committed a default of not marking his

attendance before the learned trial court in the years 2018, 2019

& 2020 respectively, thus, vide order dated 29.06.2020 passed by

a Coordinate Bench of this Hon'ble Court, the applicant-appellant

was directed to be re-arrested.


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     Learned counsel for the applicant-appellant, thus, seeks

fresh suspension of sentence in the given circumstances.

     Learned Public Prosecutor opposes the application.

     Having considered the totality of facts and circumstances of

the case and looking into the total custody and the period of

sentence awarded, which is of two years as well as earlier

suspension of sentence order passed on 05.12.2016, this Court

considers it just and proper to suspend the substantive sentence

awarded to the accused applicant-appellant.

     Accordingly, the present suspension of sentence application

filed under Sec.389 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated     04.11.2016         in     Sessions           Case         No.39/2013         (CIS

No.4564/2014)      against         applicant-appellant               Gurdeep       Singh

Chawla S/o Jangir Singh @ Billu Singh shall remain suspended

till final disposal of the aforesaid appeal, provided he executes a

personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the learned Trial Judge/

Link Court for his appearance in this court on 14.12.2022 and

whenever ordered to do so, till the disposal of the appeal on the

conditions indicated below:-
     1.     That he will appear before the trial Court in the

            month of January of every year till the appeal is

            decided.


     2.     That   if    the      appellant       changes           the   place   of

            residence, he will give in writing his changed

            address to the trial Court as well as to the counsel

            in the High Court.


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                                         3.      Similarly, if the sureties change their address,

                                                 they will give in writing their changed address to

                                                 the trial Court.


                                         The learned trial Court shall keep the record of attendance of

                                   the accused-appellant in a separate file. Such file be registered as

                                   Criminal Misc. Case related to original case in which the accused-

                                   appellant was tried and convicted. A copy of this order shall also

                                   be placed in that file for ready reference. Criminal Misc. file shall

                                   not be taken into account for statistical purpose relating to

                                   pendency and disposal of cases in the trial court. In case the said

                                   accused-appellant does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

179-/Jitender//-

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